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Minutes 2014/08/18City of Gilroy City Council Meeting Minutes August 18, 2014 I. OPENING A. Call to Order Mayor Gage called the meeting to order at 6:02 p.m. The pledge of allegiance was led by Council Member Bracco. The invocation was given by Frank Azad of the Bahai Faith Community. City Clerk Shawna Freels announced that the agenda had been posted on August 13, 2014 at 2:10 p.m. Roll Call Present: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent/Excused: Council Member Peter Arellano Mayor Gage announced that Council Member Arellano would not be present at the meeting. B. Orders of the Day There were no agenda changes. C. Introductions There were none. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations There were none. III. PRESENTATIONS TO COUNCIL A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL There were no public comments. B. Presentation on the Gilroy Library LEED Gold Certification The presentation was given by City Engineer Smelser. IV. REPORTS OF COUNCIL MEMBERS Council Member Aulman spoke on the successes of the new water feature at Gilroy Gardens. Mayor Pro Tempore Woodward spoke on the VTA strategic planning process for a county wide sales tax measure that was now proposed in 2016, and then spoke on discussions of the proposed clover leaf interchange affecting Highways 152, 25, Pacheco Pass and Santa Teresa. City Council Meeting Minutes 8/18/2014 2 MAYOR'S REPORT Mayor Gage stated that the street naming committee had approved a name change of Auto Mall Parkway in the 10th and Chestnut street area, and then spoke on the successful URM Task Force work. A. Santa Clara County Council on Aging (Sourcewise) Appointment Mayor Gage stated that the item would return at the following meeting. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Tucker suggested that a discussion of the City's role with the Open Space Authority be brought back for further discussion. The Council agreed to agendize the item. VI. CONSENT CALENDAR A. Minutes of the August 4, 2014 Regular Meeting B. Notice of Acceptance of Completion of Christmas Hill Park Copper Wire Theft Repairs Project, Project No. 14 -PW -212 Motion on Consent Calendar Items A and B Motion: to Approve Consent Items A and B Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Dion Bracco. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano VII. BIDS AND PROPOSALS There were none. VIII. PUBLIC HEARINGS A. An Architectural and Site Review to Construct 2 Single Family Homes on Properties Located at 9271 and 9281 Tea Tree Court, APN's 783 -75 -001 and 002; DeNova Homes, Applicant (AS 13 -31) The staff report was presented by Planning Manager Martin. The public hearing was opened. Trent Sanson of DeNova Homes was called to speak sharing the company's success in working with staff on the proposed project. The public hearing was then closed. Motion on Item VIII.A. Motion: to Direct Staff to Prepare a Resolution Approving AS 13 -31 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Terri Aulman. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage City Council Meeting Minutes 8/18/2014 1 Absent: Council Member Peter Arellano B. A Request for a Residential Development Ordinance Housing Exemption of 263 Building Allotments Under City Code Section 30.50.60 (j) for a 263 -Unit Apartment Project with Approximately 2,700 Square Feet of Commercial Space and 2500 Square Feet of Community Meeting Room Space Proposed on 6.8 Acres Located at the Southwest Corner of 10th and Alexander Streets; APN's 841 -16 -061, 841 -16 -029 and 841 -16 -004; Applicant Jan Hochhauser Representing The Pacific Companies (RDO -HE 13 -03) A Zone Change Request to Create a Planned Unit Development to Allow for Exceptions to the City's Building Standards Pursuant to City Code Section 30.46.40 (c) as Exceptions Under the City's Density Bonus Ordinance (Z 13 -07) An Architectural and Site Review to Construct the 263 -unit Apartment Complex of Two 5 -Story Buildings with 2700 Square Feet of Commercial Space, 2500 Square Feet of Community Meeting Room Space and Approximately 36,000 Square Feet of Recreational Courtyards (AS 13 -33) The staff report was presented by Planning Manager Martin. The public hearing was then opened. Bill Span of The Pacific Companies spoke on the parking conditions recommended by the Planning Commission explaining that it would be infeasible to finance the project with the suggested amendments. He then spoke on projects the company had built in other communities, sharing the onsite manager evaluation and monitoring of the occupants who would be renting the apartments and process of assigning parking. Jan Hochhauser the architect of the project spoke on the process of designing the project following the guidelines of the downtown specific plan and downtown expansion plan. He then spoke on the off -site improvements to the sidewalk areas and then spoke on the quality of the design and community space use to interface with the public suggested that the council reconsider the staff recommendation to remove the manager's office from the community space as it was counter to the needs of the designed facility. Jim Rogers stated that he didn't think the changes from the original 2007 plan had improved in any way stating that his main objections were the impacts on traffic, and needed sidewalk repairs further explaining that children would not be able to walk the 2 miles to Las Animas school, as proposed. He then spoke on the location of the development on the railroad tracks and impacts with the future High Speed rail the concluded by speaking on the need for additional parking. Jan Berstein Chargin was called to speak stating that the city was in dire need of affordable housing and that there were many people who were living in hotels and vehicles due to the lake of affordable housing in the city. She spoke on the ability for the residents to work at new entry level jobs being brought to the city and asked that the Council consider requiring the very affordable housing be built in the first phase of the development. Tammy Brownlow of the Gilroy Economic Development Corporation was called to speak sharing her support of the project explaining that the development site had been vacant for some time and the proposal of pedestrian friendly housing near the downtown and 10th street was much needed to improve the economy of the corridor. Ron Kirkish was called to speak stating that the design of the apartment building was attractive and would be well managed with on site management. He then spoke on the need for parking explaining that overload parking would be flowing over to the nearby retail shopping centers, but the businesses would most likely have a positive impact. Toni Filice was called to speak stating that she was one of the property owners of the City Council Meeting Minutes 8/18/2014 M adjacent shopping center explaining that they believed the density was too much, the height of the building was too high, and the plan had too little parking. She then asked if there would be additional parking for the community room uses for non - residents. The public hearing was then closed. Mayor Gage announced that he had spoken with the property owners of the adjacent property. Mayor Pro Tempore Woodward explained that he had visited the site with a representative of RJA and had spoken with the property owner and architect. Council Members Bracco stated that he had spoken with the project applicant. Council Member Leroe -Munoz stated that he had spoken with the property owner and the applicant. Motion on Item VIII.B. Motion: to Direct Staff to Prepare a Resolution Approving RDO -HE 13 -03 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 4 -2 -1. Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Dion Bracco; Council Member Tucker Absent: Council Member Peter Arellano Second Motion on Item VIII.B. Motion: to Direct Staff to Prepare an Ordinance Approving Z 13 -07 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 4 -2 -1. Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Dion Bracco; Council Member Tucker Absent: Council Member Peter Arellano Third Motion on Item VIII.B. Motion: to Direct Staff to Prepare a Resolution Modifying AS 13 -33 with staff recommendation as articulated and amendments to condition 13 J allowing the management office co- location if no more than 10% of the overall space spills over to the community room or commercial space, 20% of the parking be designed as compact spaces, and driveways may be less than 40 feet with the approval of the Director of Public Works. Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 4 -2 -1. Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Dion Bracco; Council Member Tucker Absent: Council Member Peter Arellano C. Tax Exempt Multifamily Revenue Bonds Tax Equity and Fiscal Responsibility Act Hearing for a 263 Unit Apartment Project Proposed at the Southwest Corner of 10th and Alexander Streets; APN's 841 -16 -061, 841 -16 -029 and 841- 16 -004 The staff report was presented by Housing and Community Development Grant Manager Murillo. The public hearing was opened, and there being no comments, it was then closed. City Council Meeting Minutes 8/18/2014 Motion: To Adopt Resolution No. 2014 -45 of the City Council of the City of Gilroy Approving the Issuance by the California Statewide Communities Development Authority of Multifamily Housing Revenue Bonds for the San Ysidro Courts Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Terri Aulman. Vote: Motion carried 4 -2 -1. Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Dion Bracco; Council Member Tucker Absent: Council Member Peter Arellano IX. UNFINISHED BUSINESS A. Recommended Changes to the Public Development Standard Details and Specifications The staff report was presented by Public Works Director Smelser. Public comment was opened. Armenta Jensen was called to speak sharing the work of the Development Standards Task Force sharing the need for standards from the designers perspective, explaining the issues with inconsistencies with standards. Motion on Item IX.A. Motion: to Approve the Revised Public Development Standard Details and Specifications and General Guidelines. Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano B. Review of Potential Sign Ordinance Revisions The staff report was presented by Community Development Director Abrams. Public comment was opened. Dar Zamrok was called to speak stating that the Senior Center needed signs closer than 15 feet from the business door. Ron Kirkish was called to speak sharing his support of the recommendations. Barbara Rubio spoke in support of a uniform A frame sign design and then further stated that there had been no accidents related to the human signs on the corner explaining that her business franchise required the mascot. She suggested that banners be allowed for 10 days per month and she then concluded by explaining that the business group was willing to self- enforce the regulations. Elsa LeDon was called to speak sharing the concepts the business community was recommending. Mark Turner was called to speak stating that he was not in support of the signs being place 15 feet from the business. He then spoke on the number of businesses per A Frame sign and problems associated with placing A frame signs on the sidewalk. Irene Peterson shared the city of Turlock revised their sign ordinance with regards to the mascot location and went on to need form A frame signing further out than 15 feet City Council Meeting Minutes 8/18/2014 3 from a store front. Richard Trujillo was called to speak explaining that his sign making business was being positively impacted by the changes to the ordinance. Public comment was then closed. Motion on Item IX.B. Motion: to Direct Staff to Prepare an Ordinance Containing Recommended Changes to Gilroy City Code Section 30.37 Sign Regulations without the handheld signs Moved by Council Member Dion Bracco, seconded by Council Member Tucker. Vote: Motion carried 6 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano Second Motion on Item IX.B. Motion: to Direct Staff to provide A frame portable design alternatives in rod iron. Moved by Council Member Tucker, seconded by Council Member Terri Aulman, Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano Third Motion on Item IX.B. Motion: to Direct Staff to allow banner sign section 37.24 (f) to remain as is in consistency with the first amendment. Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Dion Bracco. Vote: Motion carried 6 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano X. INTRODUCTION OF NEW BUSINESS A. Use of Newly Hired Part Time Code Enforcement Staff for Business License Inspection The staff report was presented by Community Development Director Abrams. Public comment was opened. Eric Howard was called to speak sharing his concerns with enforcement of other laws, and went on to explain that businesses which were not legitimate had lower prices and hurt those businesses who were doing the right thing. He concluded by stating that there would be revenue generated by enforcing the regulations through the business license revenue stream. Public comment was then closed. Motion on Item X.A. Motion: to Direct the City Administrator to move forward with enforcement of the business license inspection and report back to Council in 3 months. Two newly hired part time staff to remain allocated to sign ordinance enforcement. Moved by Council Member Dion Bracco, seconded by Council Member Tucker. Vote: Motion carried 6 -0 -1. City Council Meeting Minutes 8/18/2014 Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano B. Review of the Draft Housing Element and Authorization to Submit the Draft Housing Element to the State Department of Housing and Community Development The staff report was introduced by Planning Manager Martin. Public comment was opened. Richard Wong was called to speak sharing the need for more public engagement in the housing program to promote energy sustainability. Public comment was then closed. Motion on Item X.B. Motion: to Authorize Staff to Submit the Draft Housing Element to the State Department of Housing and Community Development Moved by Council Member Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano C. Update from the Unreinforced Masonry Building (URM) Task Force The staff report was presented by Building Official Chung. Public comment was opened Richard Wong was called to speak asking how the property owners were engaged in the retrofit of the building. William Singh a property owner in category "C" explained that he was ready to break ground but the city had not managed the issue of a shared wall in a proper way sharing concerns with a shared "party" wall which prohibited him from moving forward with his retrofit. He concluded by asking that the Task Force to fine people who were not motivated to move forward with the retrofit, not people like himself who were attempting to make necessary modifications. Public comment was then closed. XI. CITY ADMINISTRATOR'S REPORTS There were none. XII. CITY ATTORNEY'S REPORTS There were none. XIII. ADJOURNMENT TO THE REGULAR MEETING OF SEPTEMER 8, 2014 The Council adjourned the meeting at 10:20 p.m. /s/ SHAWNAVREELS, MMC City Clerk City Council Meeting Minutes 8/18/2014